Sale of goods

On settled law, s 25 of the Sale of Goods Act 1979 required a consideration of the following:

(i) whether the persons who bought or agreed to buy the goods (in the instant case the charterers, who had purchased bunkers from the owners), had obtained possession of the goods with the consent of the seller;

(ii) whether there had been delivery, within the meaning of s 25 of the Act, of the bunkers by the charterers to the owners;

(iii) whether the owners had received the bunkers in good faith and without notice of any lien or other right of the original seller in respect of the goods; and

(iv) if there had been a delivery by the charterers to the owners, pursuant to a sale, the charterers had acted in the ordinary course of their business as charterers and had delivered goods pursuant to a sale, which would constitute acting in the ordinary course of business